Non-fatal Offences Flashcards
What is the legal act of assault
S39 criminal justice act 1988
What is the definition of assault
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either intention to cause another to fear immediate unlawful personal voilence or recklessness as to whether such fear is caused
What is the actus reus and mens rea of assault
ACTUS REUS - cause victim to apprehend the infliction of immediate unlawful force either words for gestures. Ommission cant constitute an assault r v ireland
immediate/immenant smith v cwps
words can negate violence tuberville v savage light
force threatened must be unlawful
doesnt need to be violence words can constitute constanza
MENS REA -
intention or recklessness.
Basic intent crime
What was the case lamb
Two boys played with a revolver and one accidentally shot the other. Not assault as the victim did not apprehend or fear unlawful force
What is the legal act for battery
S39 criminal justice act 1988
What is the definition of battery
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklesness as to whether unlawful force is applied
What is the actus reus and mens rea of battery
ACTUS REUS -
can be slightest touch collins v wilcock
clothes amount thomas
indirect act dpp v k martin haystead v Cheif constable of derbyshire
omission if d is under duty of care dpp v santa bermudez
must be unlawful no genuine consent
can be a continuing act fagan v meteropolitan police commander
MENS REA - intention or reckless basic intent crime if intoxicated when done it is seen as reckless
What is the legal act of ABH
s47 OATPA 1861 - statutory offence
Defenition of ABH
An assault or battery whoch causes actual bodily harm with the intention to cause victim to fear unlawful force, or to subject unlawful force, or to be subjectivley reckless as to whether the victim fears or is subjected to unlawful force
What is the actus reus and mens rea of ABH
ACTUS REUS - must be assault or battery linking by factual and legal causation
must interfere with health and comfort of victim miller DPP v smith
unconcious T V DPP
can be psychiatric injury more than mere fear panic or distress chan fook
MENS REA - intention or recklessness for assault or battery only
d doesnt have to intent abh savage roberts
Malicious wounding/ GBH s20 definition
whoever shall unlawfully and maliciously wound or inflict GBH upon any other person, either with or without a weapon or instrument, shall be guilty of an offense and shall be liable to imprisonment for no more than 5 years.
definition of wounding
a cut or break in the continuity of the whole skin. scratch is not enough. cut of internal skin such as inner cheek is sufficient. JCC v Eisenhower, wood
Wounding or causing GBH with intent s18 definition
whoever shall unlawfully and maliciously by anymeans whatsoever wound or cause and grievous bodily harm to any person, with the intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person
AR and MR s20 GBH
ACTUS REUS - GBH means serious bodily harm DPP v SMITH doesnt have to be a life threatening harm BOLLOM
pshchiatric injury can amount to GBH BURSTOW
Transmitting a disease also can DICA
MENS REA - intention to do the harm or recklessness as to some harm being done
NO ill will towards the victim required CUNNINGHAM
no need to forsee risk of serious harm only some PARMENTER
AR and MR s18 GBH
ACTUS REUS SAME AS s20
MENS REA - specific intent crime recklessness is not enough TAYLOR
when the D is trying to resist arrest level of intention is lowered. must have specific intent to resist arrest but can be reckless as to wound/injury caused MORRISON
